Law School Toolbox Team

Welcome back to the Law School Toolbox podcast! Today, in our “Listen and Learn” series, we take a look at the Confrontation Clause. Confrontation Clause issues are commonly tested in Evidence questions in both law school exams and bar exams, almost always alongside hearsay issues.

In this episode we discuss:

• Reviewing the rules of the Confrontation Clause
• The relationship between Confrontation Clause and Hearsay questions
• How to determine whether a statement made to the police is testimonial in nature, or the Primary Purpose Test
• Analyzing two hypos from previous California bar exams

Thanks for listening!

[Read more…] about Podcast Episode 301: Listen and Learn — The Confrontation Clause

Welcome back to the Law School Toolbox podcast! In today’s episode from our “Listen and Learn” series, we’re focusing on the Dormant Commerce Clause, also known as the Negative Commerce Clause. We previously discussed the Commerce Clause in episode 215.

In this episode we discuss:

• A brief review of the Commerce Clause
• When the Dormant Commerce Clause comes into play
• What constitutes an unduly burdensome regulation
• The market participant exception
• Other issues tested alongside the Dormant Commerce Clause
• Analyzing two hypos from previous California bar exams
• How to approach questions where it’s possible to argue either way

Thanks for listening!

[Read more…] about Podcast Episode 298: Listen and Learn — The Dormant Commerce Clause

Welcome back to the Law School Toolbox podcast! In today’s episode, we cover two hearsay exceptions — government/public records and business records. You can find more on the topic of hearsay and related exceptions in episodes 261 and 271.

In this episode we discuss:

• A review of the definition of hearsay
• The elements of the business records exception
• Evidence that is admissible under the government/public records exception
• How to approach questions involving multiple hearsay
• Analyzing two hypos from previous California bar exams

Thanks for listening!

[Read more…] about Podcast Episode 296: Listen and Learn — Hearsay Exceptions: Government and Business Records